Question 5 - In respect of exchange of goods, namely gold watch for restaurant services will the transaction be taxable as two different supplies or will it be taxable only in the hands of the main supplier?
FAQ on GST dated 21.9.2016 based on Draft Model GST Chapter 2 Levy of and Exemption from Tax
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Taxable supply: consumer transfer as consideration converts the exchange into a single taxable supply by the service provider. The transfer of the watch from the consumer to the restaurant is not an independent supply as it is not in the course of business; it serves as consideration for the restaurant's supply of services and the transaction is a single taxable supply made by the restaurant.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Taxable supply: consumer transfer as consideration converts the exchange into a single taxable supply by the service provider.
The transfer of the watch from the consumer to the restaurant is not an independent supply as it is not in the course of business; it serves as consideration for the restaurant's supply of services and the transaction is a single taxable supply made by the restaurant.
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